Johnson Wholesale Drug Co. v. Marino

This action is for damages for -an alleged breach by the tenant-defendant of a written lease wherein the rent reserved was a minimum of $7200 per year payable in monthly instalments. After the tenant had entered into possession under the lease, the premises were damaged by fire. Before they were again rendered fit for use, the defendant notified the plaintiff that he “would not continue as a tenant under said lease” and, as alleged, “thereby breached said lease.”

From the bill of particulars it appears that the premises were rendered fit for use on December 19, 1949. On December 23, 1949, the…